S1077B1582A06801 MSP:NLH 04/28/14 #90 A06801







Printer's No. 1582


1Amend Bill, page 1, line 7, by striking out "and for 
2restricted materials." and inserting

3, for commercial accounts and for restricted materials; 
4providing for Statewide registry of scrap processors and 
5recycling facilities and for duty to register and for 
6criminal registry; and further providing for penalties.

7Amend Bill, page 1, lines 10 through 19; page 2, lines 1
8through 30, by striking out all of said lines on said pages and

10Section 1. Section 2 of the act of October 9, 2008
11(P.L.1408, No.113), known as the Scrap Material Theft Prevention 
12Act, is amended by adding a definition to read:

13Section 2. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18"Railroad material." Railroad power and signal equipment,
19road or rail crossing signals, railroad track, railroad switch
20components, railroad spike, angle/joint bar as used in the
21jointing of railroad track, railroad anchors, railroad tie plate
22or bolt used in constructing a railroad.

23* * *

24Section 2. Sections 4(d) and 5 of the act are amended to

26Section 4. Commercial accounts.

27* * *

28(d) Financial transactions.--Once a commercial account has
29been established, if a financial transaction occurs between a
30scrap processor or recycling facility operator and a person
31delivering the scrap material, the scrap processor or recycling
32facility operator shall obtain the following before completing
33each transaction:

34(1) A photocopy of the driver's license of the person
35delivering the scrap materials.

1(2) The license plate number of the vehicle transporting
2scrap material.

3(3) The telephone number of the commercial account.

4(4) Confirmation that the person delivering the scrap
5material is authorized to receive a check or cash on behalf
6of the person or entity providing the scrap material. The 
7confirmation shall consist of written, signed authorization 
8from the owner or officer of the commercial enterprise 
9stating that the person delivering the scrap material is 
10designated to receive payment for the scrap material.

11(5) An acknowledgment of receipt of cash payment, signed
12by the person delivering the scrap material and receiving the
13cash payment.

14Section 5. Restricted materials.

15A scrap processor and recycling facility operator may
16purchase the following scrap material only if the purchase
17occurs with a commercial enterprise:

18(1) New production scrap or new materials that are a
19part of a manufacturing process that are being sold by an
20individual, not a company.

21(2) Full sized, new materials, such as those used in
22construction, or equipment and tools used by contractors.

23(3) Commercial metal property.

24(4) Metallic wire that has been burned in whole or in
25part to remove insulation, unless the aggregate value is less
26than $100.

27(5) Beer kegs.

28(6) Detached catalytic converters.

29(7) Railroad materials.

30Section 3. The act is amended by adding sections to read:

31Section 6.1. Statewide registry of scrap processors and
32recycling facilities.

33The Pennsylvania State Police shall establish and maintain a
34Statewide registry of scrap processors and recycling facilities
35that register with the Pennsylvania State Police under section
366.2. The registry shall be posted on the Internet website of the
37Pennsylvania State Police and shall be accessible to law
38enforcement personnel.

39Section 6.2. Duty to register.

40(a) General rule.--A scrap processor and recycling facility
41shall register with the Pennsylvania State Police as provided in
42this section.

43(b) Method of registration.--A person shall register with
44the Pennsylvania State Police in writing or electronically via a
45secure Internet connection on a form provided by the
46Pennsylvania State Police. The application shall include the
47following information:

48(1) For an individual applicant, all of the following:

49(i) Name.

50(ii) Driver's license number, a copy of an
51identification card issued by the state in which the

1individual resides or other form of identification as
2permitted by the Commonwealth.

3(iii) Business name, address and telephone number.

4(iv) Federal employer identification number, if

6(2) For a general partnership applicant, all of the

8(i) Name of each partner.

9(ii) Driver's license number or a copy of an
10identification card issued by the state in which each
11partner resides, of each partner.

12(iii) Partnership name, address and telephone

14(iv) Federal employer identification number, if

16(3) For a corporation, limited liability company or
17limited partnership, all of the following:

18(i) Name of the registering officer, manager and
19general partner.

20(ii) Business name, address and telephone number.

21(iii) Name of each director or each individual
22holding greater than a 5% equity interest in the entity.

23(4) For an out-of-State corporation, limited liability
24company or limited partnership, the name and address of the
25entity's resident agent or registered office provider within
26this Commonwealth and any registration number or license
27number issued to the entity by its home state or political
28subdivision of the other state, if applicable.

29(5) For a joint venture applicant, the name, address and
30telephone number of the joint venture, as well as the name,
31address and telephone number of each party to the joint

33(c) Reporting of multiple registrations.--An entity owning
34multiple scrap processing and recycling facilities must register
35individually for each physical address of a scrap processing and
36recycling facility.

37(d) Application fees.--

38(1) Each completed registration form for a scrap
39recycler or renewal of registration shall be accompanied by a
40fee of $100. After completion of the registration and payment
41of the fee, the Pennsylvania State Police shall issue, within
42seven business days, the scrap processing and recycling
43facility a registration certificate identifying the name of
44the applicant, scrap processing and recycling facility name
45and address and a registration number. The certificate shall
46be valid for a period of two years. Renewals shall be on a
47biennial basis.

48(2) The registration fee shall be used to establish and
49maintain the database under section 6.1.

50(e) Proof of registration.--A scrap processor and recycling
51facility shall include its registration number in all

1advertisements distributed within this Commonwealth, and shall
2have the registration certificate clearly visible at its place
3of business.

4(f) Failure to register.--A scrap processor or recycling
5facility that fails to register commits a summary offense and
6shall, upon conviction, be sentenced to pay a fine of $1,000.

7Section 4. Section 7 of the act is amended to read:

8Section 7. Penalties.

9[A] (a) Scrap processor and recycling facility operator 
10penalties.--Except as provided under section 6.2(f), a scrap
11processor and recycling facility operator who violates this act
12commits a summary offense and shall, upon conviction, be
13sentenced to pay a fine of up to $2,500. A second or subsequent
14violation shall be classified as a misdemeanor of the third

16(b) Motor vehicle penalties.--Upon a conviction of an 
17offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful 
18taking or disposition) or 3925 (relating to receiving stolen 
19property) that relates to the theft of scrap material or the 
20transportation of stolen scrap material, the court may order the 
21impoundment of any vehicle used in the act of theft of scrap 
22material or the transportation of stolen scrap material. For the 
23first offense, a vehicle may be impounded for at least 30 days, 
24but not more than 60 days. For a second or subsequent offense 
25involving the same motor vehicle, the vehicle may be impounded 
26for at least 60 days and not more than 180 days. The person 
27convicted shall be responsible for any fees associated with or 
28related to the impoundment of the vehicle.

29Section 5. This act shall take effect in 60 days.


See A06801 in
the context
of SB1077